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trumplerlaw-blog · 5 years ago

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Travis County Court at Law # 4 Election

I do not often speak out about my opinions on judicial politics, particularly in Austin, Texas, or Orange County, California, where I often personally know the candidates and have worked with them, side by side, or gone up against them in a proceeding.

My frustration lies when the public misunderstands the role of a judicial officer. All judicial officers should be impartial in the same way that any juror sitting on any type of case should be neutral. The primary role of a judge is to run a courtroom and a court's docket efficiently and effectively. It should never be to advocate for one side or another or one position or another. That is the role of the attorneys in the courtroom.

When a candidate for judicial office campaigns openly that he or she is an advocate for victims, it calls into question whether that individual has the temperament to sit impartially on the bench. The role of advocating for crime victims should remain with the prosecutor, victims' rights organizations, any attorney representing the victim, and the victim, him or herself, along with his or her support network. The role of the defense attorney is to zealously represent the accused. The defense attorney should always try to get the best result for his or her client within the confines of legal ethics.

This is particularly true in criminal cases where our nation's founders designed a system specifically to protect the accused from the State's overreach. The framers made their intent expressly known in Amendment VI.

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

There is a place for victim advocacy in criminal cases, but that advocacy should not come in a robe. While there is undoubtedly a tension between ensuring that victims are heard and protecting the accused, the default position for everyone in the criminal justice system, including prosecutors, should be to protect the accused. (I have placed sections of the Texas Rules of Professional Conduct and the Texas Code of Judicial Conduct at the end of this post.)

Both Judge Malhorta and Margaret Chen Kercher are qualified to serve as a county court judge.

Judge Malhorta's credentials are impeccable and undeniable. She has been an attorney for almost 23 years and is an exceptional advocate. The issue is that she is aggressively campaigning for judicial office under the implied premise that this advocacy will continue if she is elected. (She is the incumbent based on an appointment by the county commissioners.) Irrespective of whether that was a campaign choice, her failure to clarify her position or her judicial role is tacit approval of the idea that she is first and foremost a victim advocate rather than a neutral arbiter of the rules of evidence and the rules of law.

Additionally, her campaign has engaged in a smear campaign against Margaret Chen Kercher designed to question and challenge the morality of aggressively representing an accused in a jury trial. It is important to note that a jury found this individual not guilty, and the court issued an expunction, which should protect the accused from having to explain himself in perpetuity, particularly against accusations made by an agent of the judicial system. Her campaign's insistence on sending out mailers condemning Ms. Kercher's representation reflects an ideology that questions the very integrity of the jury system. Had the defense's actions, in that case, crossed into the area of misconduct, it would have been incumbent on that prosecutor to ask for a mistrial and for that judge to potentially hold the attorneys in contempt. None of that happened. (I will not get into the minutia of trial tactics on either side.)

Unfortunately, the end result of that trial was that a victim felt underserved. The fault for the victim's feelings lies at the feet of the prosecutors, the victim advocates in that office, and potentially the judge. It is not the fault of Margaret Chen Kercher. Having a client - which incidentally the victim is not the client - feel underserved is something that those of us that have been in the system for as long as Judge Malhorta and I have, have to deal with daily.

Instead, the Malhorta campaign intentionally and knowingly jumped on an opportunity to mischaracterize what happened in that trial with the full understanding that attorney-client privilege, along with the expunction order, precludes Ms. Kercher from being able to effectively respond.

I can say this unequivocally, I have a tremendous amount of respect for Judge Malhorta as a lawyer, an advocate, and most importantly, a person. Based on the actions of her campaign, however, I now profoundly question whether she is the right person for Travis County Court at Law # 4.

Margaret Chen Kercher is the alternative. She is also an exceptional advocate, lawyer, and person. She has campaigned mainly on a platform of fairness to all parties and effective management of Travis County Court at Law #4's overwhelmingly large docket.

Having worked previously in the field, I know that politics on any level is an ugly business. Still, judicial politics should be about one's understanding of the law, the ability to apply it, and ideas about how to effectively manage the complexities of the day to day activity in a courtroom. Judicial politics should not be predicated on demeaning the role of your opponent in the criminal justice system, questioning the integrity of the jury system, or condoning a judicial function that supports a proposition of anything other than neutrality and a default position to protect the rights of those accused.

Texas Disciplinary Rules of Professional Conduct

3.09 Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a) refrain from prosecuting or threatening to prosecute a charge that the prosecutor knows is not supported by probable cause;

(b) refrain from conducting or assisting in a custodial interrogation of an accused unless the prosecutor has made reasonable efforts to be assured that the accused has been advised of any right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not initiate or encourage efforts to obtain from an unrepresented accused a waiver of important pre-trial, trial or post-trial rights;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and

(e) exercise reasonable care to prevent persons employed or controlled by the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.07.

Texas Code of Judicial Conduct

Canon 5

(1) A judge or judicial candidate shall not:

(i) make pledges or promises of conduct in office regarding pending or impending cases, specific classes of cases, specific classes of litigants, or specific propositions of law that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge;

(ii) knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent; or

(iii) make a statement that would violate Canon 3B(10).

(2) A judge or judicial candidate shall not authorize the public use of his or her name endorsing another candidate for any public office, except that either may indicate support for a political party. A judge or judicial candidate may attend political events and express his or her views on political matters in accord with this Canon and Canon 3B(10).

Canon 3B(10)

A judge shall abstain from public comment about a pending or impending proceeding which may come before the judge's court in a manner which suggests to a reasonable person the judge's probable decision on any particular case. This prohibition applies to any candidate for judicial office, with respect to judicial proceedings pending or impending in the court on which the candidate would serve if elected. A judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. This section does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This section does not apply to proceedings in which the judge or judicial candidate is a litigant in a personal capacity.

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trumplerlaw-blog · 5 years ago

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Tomorrow’s Headline Today - President Trump's Coronavirus Initiatives Single-Handedly Saves Countless American Lives

Another evening, another White House Coronavirus Taskforce Briefing. As I have done twice before, I am going to write a thorough and detailed analysis of President Trump's, Tuesday, March 31, 2020, projection of the numbers and remarks. To his credit, the President finally said, to summarize, and put in layman's terms, what amounts to, "Whoopsie." In a rare moment of clarity, President Trump next deferred to the experts, Dr. Fauci and Dr. Birx, AKA Tony and Deborah, to explain how devastating of a tragedy this disease will be. In short, the dynamic duo explained that we must disregard all the insane nonsense, the President and his friends over at "Fox Fiction" have been telling us for weeks about the virus and finally get our shit together. Also, from what it appeared, someone somewhere finally had a conversation with the good Dr. Birx and explained to her what it looks like to have a hand up your ass when you speak on national television. On Tuesday, she spoke candidly for the first time about COVID-19 and did not limit her remarks to small data manipulations. Ultimately, the two doctors explained that even with blanket nationwide adoption of stringent mitigation efforts, between 100,000 and 240,000 Americans could die. These numbers were startling. At one point during their talk, Dr. Fauci, who much like Obi-Wan Kenobi was in "A New Hope," appears to be our only hope, showed a modicum of positivity in an otherwise dreary proceeding. During the number-crunching portion of his remarks, Dr. Fauci cautiously mentioned the promising effects that social distancing appears to be having on curbing the spread of the virus and urged Americans to soldier on. "Whenever you're having an effect, it's not time to take your foot off the accelerator," Dr. Fauci suggested. As the evening wore on, during a back and forth with the press, the President rambled nonsensically, "It's not the flu. It's vicious." Well, I'll be fucked and called Mary. Every credible scientist has been warning people that "It's not the flu" since this began you fucking nitwit. It was you, and your friends who were disseminating the whole comparing it to the flu and car crashes narrative. It was a jarring and sobering but needed about-face for the President. The President claimed on Tuesday that he always knew how grave the situation was and is. When a reporter pushed him and asked why he had been feeding us bullshit, seeing as he has known from the beginning that the crisis was so weighty, the President remarked that he was trying to be "optimistic." President Trump's dramatic change of course, however, is not without political purpose lest you think he suddenly woke up sober and alert. If you cannot "Reopen America" to save the stock market and your job numbers as previously planned because you are going to lose more than a quarter of a million American lives, what do you do? You change the narrative, of course. Most progressives, I know, do not take President Trump seriously. They refuse to endorse the idea that there is a cult of personality. They make excuses about why he won in 2016. "Everyone hated Hillary," they will say. "No one likes a political dynasty," I will hear. "Hillary did not know how to speak to the American people." "The Russians interfered and won it for him," is a favorite. "The Electoral College fucked us" is another. There are grains of truth in all of the comments above. The idea that President Trump has no clue what he is doing, however, is misguided. Moreover, the notion that he is not beloved by large swaths of the unwashed, and sometimes very washed, masses is also false. While seemingly erratic, there are discernable patterns and messaging in every public statement and each "Tweet" by the President. This messaging gets reinforced and promulgated by his friendlies, like luminaries, Presidential Medal of Freedom winner Rush Limbaugh, and those over at "Fox Fiction." Tomorrow's Headline Today was going to read, "President Trump's Upcoming Grand Reopening of America." It is now going to read, "President Trump's Coronavirus Initiatives Single-Handedly Saves Countless American Lives." Progressives need to take President Trump and his bid for a second term seriously. By ignoring his wild personal popularity among many Americans, because you hate him and everything he stands for, you have lost sight of what has won elections in this country since the advent of modern media. Ask dearly departed fellow Whittier Poet alumn, Richard Milhous Nixon ('34), how that went for him on September 26, 1960.

#dr fauci #donaldtrump #cornavirus #socialdistancing #2020 election #deborah birx #covid-19

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trumplerlaw-blog · 5 years ago

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I’ll Get You Any Result You Like. What’s It Worth to You? Trump’s Grand Reopening of America Part 2

Dr. Deoborah Birx, the coordinator of the White House Coronavirus Task Force, spoke again during President Trump's Thursday, March 26, 2020, daily Coronavirus Briefing. Some have argued that Dr. Birx' statements were misleading. Perhaps. I would not go so far as to say that. The words and data are meaningless unless put in a much broader context.

As I previously suggested it would, the data, as the Trump Administration is choosing to interpret it, lends credence to the idea that you can potentially reopen large swaths of the country without suffering massive casualties due to the virus.

Putting Dr. Birx' excellent news in context, Dr. Birx first briefed us Monday, the evening after 100 Americans lost their lives in a single night to the virus. She gave her Thursday presentation the same day the United States passed every other country in the total number of confirmed COVID-19 cases. Keep your eye on the bouncing ball America.

Again, it is a little early to claim that you have any sort of meaningful data on the virus or what it is capable of inflicting on the entire population.

As I wrote Tuesday, March 24, 2020, the morning after Dr. Birx first spoke Monday night, "No one disagrees with the President about wanting to reopen the county. We would all love that. And it is not whether people are recovering from the virus or dying. The figure on the overall mortality rate is the red herring here. It has always been about the tax the virus will put on our health care system as a whole."

I suppose I should have thrown in; it is also not about the total number of cases or regional geographic disbursement.

As I also previously wrote, manipulating population data is not difficult to do. You can crunch the numbers to get them to say anything that you want. What Dr. Birx is saying is "truthful." It is the overall implications of what those figures mean relative to the crisis altogether. You must look at this unprecedented situation at the macro, not the micro-level.

Again, President Trump telegraphed this move to manipulate the population data projections the second he paraded Dr. Birx out on Monday. The thing that frustrates me the most is that people refuse to see "the grand illusion" based on political ideology or their desperate financial need.

What is evident to me and anyone who has ever worked in a toxic situation is that the President went to his people and said I want to "Reopen America" now! None of his scientific or medical advisors would back up this ridiculous notion.

At some point during a meeting or conversation, our hero Dr. Birx must have mentioned that the population data on the mortality rate, the spread of the virus, and regional disbursement looked promising. A fucking lawyer had to be in the room, who overheard this; after all, it is the White House. You cannot pee in the White House without getting it on a lawyer's shoes.

The lawyer, who overheard this presumably, then said, "Deborah, [because we in the Trump Administration do not use titles of respect, particularly with the ladies], would you be willing to speak publicly on a limited basis about what your population research shows? Let us [He then put his hand in a gentle but creepy way on her shoulder.] handle the implications. [It goes without saying, that he made sure to enunciate the word "implications" in a sexually suggestive way because this is my fantasy conversation and why the fuck not?] After all, we are the policymakers. [A snide way to suggest "people who matter."], and you are only a lady doctor in a scarf?"

Dr. Birx would be alone in the scientific community if she made a recommendation against social distancing. She is only there to parrot data. Despite her impressive credentials, that is her limited role. Having someone with her illustrious background regurgitate information is how you sell bullshit. Let "America's Magnificent Salesman" tell you what all of that science mumbo jumbo really means.

And in the immortal words of Childish Gambino (AKA Danny Glover of Lethal Weapon fame), This is America.

If you approach any problem with the answer in mind, you will always get the solution you want. I think English psychologist Peter Wason called this "confirmation bias."

I'll get you any result you want. What's it worth to you? Apparently, in President Trump's case, an awful lot.

Unfortunately, to borrow another song lyric, I've been to the movie, and I've seen how it ends.

https://www.factcheck.org/2020/03/birx-spins-extraordinarily-low-numbers-of-coronavirus-cases/?fbclid=IwAR0UW6MyzuN-5-j0gxyDxjuggCs3TUneLLEqrfWohql-QOQP2bhbsuq5QbE

#deborahbirx #deborah birx #donaldtrump #donald trump #presidenttrump #president trump #covidー19 #coronoavirus #coronavirus task force #childish gambino

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trumplerlaw-blog · 5 years ago

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Trump’s Grand Reopening of America

I am first and foremost a patriot. I love this country in a way that I could never fully articulate in words. Every generation of Trumpler and Hlaudy (my mother's maiden name) that has lived in the United States have served our great nation in the armed forces and deployed.

It is difficult for me to be critical of our government, particularly in times of crisis. These are the moments when, as a People, we are expected to and should be able to cohesively unify and stand together irrespective of age, race, gender, gender identification, sexual orientation, religion, economic situation, cultural background, or political leanings. Yet as the days wane, my frustration at irresponsible and indecisive national leadership mounts. It is difficult to stand together when those steering the ship wish to tear us apart.

Undoubtedly, there is an enormous tension between protecting our nations' public health and saving its faltering economy. It is a balancing act that the most brilliant political minds and tacticians who have ever lived would have a difficult time tackling. It is an unenviable task that I would not wish upon anyone.

Nevertheless, it is a time for strong, decisive leadership. It is not a time for politics, campaigning, and pandering. Our nations' need for a guiding hand goes out not only to our President but to Congress and state and local leaders and authorities, as well.

My overwhelming desire for leadership in this time of crisis brings me to the point of my rant that came to me during Tuesday morning's "Rage Walk."

For those of you that missed President Trump's daily briefing Monday night, I will give you some of the more alarming and questionable highlights.

The President's responses to every question that the press asked, even those directed to others, were long-winded, rambling, politically motivated, frequently incoherent, and often, he said contradictory things. At times, he also randomly attacked the press and democrats for no reason. The above behavior was typical bluster from the President, and while annoying and not something you would want from a leader during a crisis, I expected it.

Of note, during Monday's briefing, President Trump paraded out his new "expert witness," Dr. Deborah Birx. She is a member of President Trump's lauded "Coronavirus Task Force." If you are familiar with litigation strategy and data manipulation at all, President Trump is going to use the data projections that she, along with others, are coming up with to "reopen" the country.

When Dr. Birx was speaking, lyrics from Don Henley's song, The Garden of Allah, came to mind:

“Today I made an appearance downtown. I am an expert witness because I say I am. And I said gentlemen, and I use that word loosely. I will testify for you. I'm a gun for hire. I'm a saint. I'm a liar. Because there are no facts, there is no truth. Just data to be manipulated. I can get you any result you like. What's it worth to you? Because there is no wrong, there is no right. And I sleep very well at night. No shame, no solution, no remorse, no retribution. Just people selling t-shirts Just opportunity to participate in the pathetic little circus. And winning, winning, winning…” [This is very important to the President.]

While she was talking, Dr. Birx mentioned that the mortality rate is lower than we expected. Dr. Birx then threw out a paltry figure. The President immediately interrupted her by rambling about how there were all of these incredibly sick people who just got well on their own without seeking medical help (perhaps by divine intervention) who may have had or may not have had the virus.

After that prompt, Dr. Birx further explained that the mortality number could theoretically dramatically drop. The existing mortality number does not take into consideration a potentially large number of asymptomatic people who never got tested. It also did not account for those who had Coronavirus symptoms that medical professionals never treated or tested. It will remain a mystery, I suppose, however, how we are supposed to count those who never made themselves available to be counted or who never got counted for some other reason.

Not surprisingly, Dr. Birx then talked about how the mortality curve increases for those who are elderly or have preexisting conditions. Dr. Birx indicated, however, that the data clearly showed that while the curve increases, the majority of the dead across the board as a result of COVID-19 worldwide were over the age of eighty. While tragic and sad, reading between the lines, she and President Trump seems to agree that this age group, at the mortality rates projected, is "acceptable loss" to "Keep America Great."

Dr. Birx expects to have a full "incomplete" report to the American people by next week. Once the "incomplete" version is ready for dissemination, Dr. Birx, along with President Trump, will brief the American people on its conclusions. You should assume that the data in this report will be manipulated and spun to such a degree that it is acceptable for the President and Fox News to say "America is Safe to Reopen" again. At the very least, they will spin it to say that it will be safe to reopen within another week and change of the release of the report. Therefore, if your governor or local leaders still want to keep you and your family home or ask you to stay in your house after President Trump says it is okay to go out and play, they are assholes.

The upcoming release of this report will only cause further division and resentment in an already fractured, frustrated, and frightened nation. Rather than come up with a cohesive, unified solution to a unique, never before seen, life-altering problem that is plaguing our entire country, the President appears to want to deal with this crisis municipality by municipality, county by county, and state by state. He seems to be trying to unburden himself with the responsibility of leading this magnificent country through this epidemic.

It is a coward's move. Not the action of a daring, determined leader. It is not the move one would expect from the leader of the greatest nation this world has ever known. How a President handles him or herself in a crisis is what builds legacies, not how the stock market performed or your job numbers.

The President's piecemeal approach to crisis problem-solving is also leaving governors holding the bag and the tab. States now have to compete for the minimal remaining resources and supplies devoted to combat the virus individually. This state by state competition is leading to artificially high prices on supplies and even price-gouging.

Concerning the forthcoming report mentioned above, I imagine that the White House is already leaking information regarding its contents to your favorite Fox News types to start setting up "President Trump’s Grand Reopening of America" like it is a shopping mall. If the President had it his way, this reopening would probably include much fanfare and a military parade.

Again, this alienating approach is a narrow-sighted. America, collectively, is a robust and complex but loose connection of the souls and minds of the different types that I mentioned at the beginning of this piece. As the President, in times of crisis, you have to speak to all of us, not just your base.

Dr. Anthony Fauci, the Director of the National Institute of Allergy and Infectious Diseases since 1984, was conspicuously absent at Monday's briefing. When asked if Dr. Anthony Fauci agreed that America should reopen sooner rather than later, President Trump glibly offered, "if it were up to the doctors, they may say let's keep it shut down -- let's shut down the entire world."

To put Dr. Fauci's career in context, he has served every President since Ronald Reagan. Dr. Fauci is a man of science and public health, and he does not operate in a world of spin and political parties. He has assisted previous presidents with AIDS/HIV policy, SARS, MERS, various FLU epidemics, and, most recently, the EBOLA outbreak.

Additionally, Dr. Fauci has developed therapies for formerly fatal diseases. These diseases included Polyarteritis Nodosa, Granulomatosis with Polyangiitis, and Lymphomatoid Granulomatosis. His research has led to some of the most critical advances in patient management in Rheumatology (Arthritis) over the past 20 years. Moreover, Dr. Fauci has contributed to the understanding of how HIV destroys the body's defenses leading to the progression to AIDS.

The scientific community regards Dr. Fauci as one of the world's foremost authorities on infectious disease. He has unparalleled academic and practical experience. Moreover, he has led a large governmental agency explicitly designed to combat infectious disease for going on four decades.

As a youth, Dr. Fauci's parents raised him Catholic, and unlike the President, he grew up in a home with deeply held religious convictions. Somewhat paradoxically, while Dr. Fauci is a man of science, he has a Jesuit education and a Bachelor of Science in Classics from the College of Holy Cross.

Dr. Fauci had previously acted as the voice of reason during this public health crisis. He had often contradicted the President's bold optimism. Dr. Fauci had gone on record and said, he had warned President Trump about some of his more careless and questionable remarks, but he can only tell him to, "be careful about this and don't say that." Ultimately, he stated when the President starts giving out inaccurate information, he "can't jump in front of the microphone and push him down."

Dr. Fauci, throughout this extraordinary public health emergency, had been deeply concerned about misusing data and irresponsibly throwing around numbers and misleading information to justify a political position. He had to explain how medical trials work frequently. He also had to clarify how long it takes to get a vaccine or off label medical treatments approved for use, the risks associated with clinical trials, and anecdotal stories versus peer-reviewed scientific evidence backed up by reproducible data.

In short, Dr. Fauci is an actual "stable genius," and possibly a wizard. The White House is muzzling him at a time when the American people need him most.

If the most knowledgeable person in your administration about a subject will not assist you in getting the misinformation you want out there, you have to find someone else who will, in this case, enter Dr. Birx. I am not saying this to diminish Dr. Birx as a person or to reduce her impressive credentials. I am just telling you that you do not pinch-hit for Babe Ruth in the World Series.

Sadly, I also assume as the President has done with everyone that has ever stood in his way, he is going to begin a misinformation campaign against Dr. Fauci. The President and his people will design this campaign to discredit Dr.Fauci and his impeccable qualifications and history of service.

Since taking office, the President helped create a series of unfortunate events that assisted in our nation's inability to manage and combat this unprecedented public health crisis effectively. Despite numerous warnings, the President waited until the last possible minute to create any sort of haphazard plan to deal with the virus. When the COVID-19 crisis finally came to a head in the United States, President Trump appointed a man of faith, Vice President Pence, rather than a person of science, to lead his Coronavirus Task Force.

Most alarmingly, during Monday's briefing, the evening after 100 Americans lost their lives to the virus in a single night, the President spoke of the crisis in the past tense. He kept referring to it as a learning experience.

"Our country was not built to be shut down," the President warned during the briefing.

I certainly concur with this sentiment. My business probably will not survive the short-term shutdowns already ordered without substantial assistance. Most small businesses won't.

While there is tension between saving jobs, moving our economy forward, and saving lives, statements like the following are propaganda, misinformation, and messaging designed to create a false narrative:

"You look at automobile accidents, which are far greater than any numbers we're talking about. That doesn't mean we're going to tell everybody no more driving of cars. So we have to do things to get our country open."

The above statements are reminiscent of the initial messaging the President ran with when he was trying to stave off panic by irresponsibly comparing COVID-19 to the flu. These are the types of reckless comments that drive Dr. Fauci and cautious, thoughtful, scientific minds nuts.

No one disagrees with the President about wanting to reopen the county. We would all love that. And it is not whether people are recovering from the virus or dying. The figure on the overall mortality rate is the red herring here. It has always been about the tax the virus will put on our health care system as a whole.

The fact remains that our health care system cannot sustain massive and exponential increases in the number of cases of COVID-19. We simply do not have the qualified personnel, equipment, or beds.

At last count, we had in the neighborhood of 2.77 beds per 1,000 people. The lack of adequate care, necessary supplies, and the genuine fear that our entire health care system will collapse is real. This fear is one of the primary reasons physicians, infectious disease experts, and scientists across the board are calling for aggressive social distancing measures to at least attempt to slow the spread.

Remember, when knowledgable people talk about the lack of hospital beds, supplies, resources, and personnel, and the toll that the exponential spread of COVID-19 will take on our health care system, the epidemic is compounding an already overwhelming problem. If we do not get the rate of exposure under control, doctors and nurses will not be able to treat or see people who are gravely ill with unrelated illnesses or who suffered other kinds of life-threatening injuries.

I am not a politician, nor would I ever want to be one. Like most people who comment or judge, it is easy for me to be an armchair quarterback. I just find the current ineptitude even more remarkable and disheartening than usual.

It must be difficult for the President to watch the stock market tumble and the job losses mount since his inflated sense of self-worth seems to be directly and inextricably tied to an artificially high market and strong job numbers. These numbers were and are the entire basis of his reelection strategy. He and his team apparently have no backup plan. Rather than pivot to becoming a reassuring leader during a crisis to a country in dire need of one like Lincoln, Roosevelt, and even George W. Bush after 9/11, he is choosing to continue to go on the divisive partisan offensive. As they always have when he attacks, his rabid fan base is loving it. Like many things about his presidency and everything about this crisis, the President's insistence on his brand of "Politics As Usual," makes me incredibly sad.

............................................................................

In contrast to the President's distorted myopic view of this global pandemic, watch New York Governor Andrew Cuomo's factual, analytical problem-solving approach in his daily briefings. Unlike the President, he is not the Governor of Fantasyland. And if you want to see and hear leadership in action, Governor Cuomo had this say - off the cuff and from the heart - Tuesday before taking questions:

“And we're going to get through it because we are New York and because we've dealt with a lot of things, and because we are smart. You have to be smart to make it in New York. And we are resourceful, and we are showing how resourceful we are. And because we are united, and when you are united, there is nothing you can't do. And because we are New York tough. We are tough. You have to be tough. This place makes you tough. But it makes you tough in a good way. We're going to make it because I love New York, and I love New York because New York loves you.

New York loves all of you. Black and white and brown and Asian and short and tall and gay and straight. New York loves everyone. That's why I love New York. It always has, it always will. And at the end of the day, my friends, even if it is a long day, and this is a long day, love wins. Always. And it will win again through this virus. Thank you.”

The above statement by Governor Cuomo is a stark contradiction to our President, who previously referred to the Coronavirus as the "China Virus." His feigned disingenuous outrage during Monday's briefing about violence and hatred toward Asian Americans, mainly by those who support him, as a result of the Coronavirus, was, at the very least, awkward and uncomfortable, and more accurately and tragically, laughable.

#coronapocalypse #coronavirus #socialdistancing #donald trump #governor cuomo #covid-19 #covid19 #dr fauci #reopenamerica #data science #data manipulation

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trumplerlaw-blog · 5 years ago

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COVID-19 UPDATE FOR CLIENTS AND FUTURE CLIENTS

COVID-19 Update for our clients and future clients.

These are scary times in America, and Central Texas specifically. Please be safe, be smart, be patient, and be kind. Take care of your family. Look out for your friends and neighbors.

As many of you are aware, courts throughout Central Texas are operating on a limited basis. For the most part, courts are only handling in custody and emergency matters until after the immediate threat passes. The courts are continuing jury trials and court dates to a later date. These continuances mean for many of you, justice is delayed. I know this is inconvenient and that many of you are looking for a resolution on your case.

While courts will be operating at minimum capacity to deal with this unprecedented public health crisis, our unwavering commitment to you has not changed.

We will still answer your emergency calls 24/7 at 512-457-5200. While we have temporarily closed our physical office, in compliance with social distancing protocols, regular office hours will remain from 9 a.m. to 4 p.m. Please only contact the office during office hours unless it is an emergency. I am also available by text during these hours at 714-403-9120. My staff will not be working until at least April 1, 2020. If you call the office during this time, and I do not answer immediately, please text 714-403-9120 or leave a message, and I will return your call as soon as I can. Keep in mind, with no staff, I am just a one-person shop. I will be available for telephonic, Facetime, and Skype consultations while we are operating in compliance with social distancing protocols. Tentatively, we plan on resuming normal office operations on April 1, 2020.

During this time, I will still be available for jail releases in Travis County if law enforcement arrests you or someone you know. I am also continuing to go to court to fight for our few incarcerated clients. I am doing everything I can to get these clients released on bond pending trial or resolve their cases. Additionally, while the courts are operating at a limited capacity, many prosecutors continue to work remotely. I remain in contact with these prosecutors via phone and e-mail in an attempt to negotiate resolutions on your cases. In some cases, if we reach an agreement, the court may allow us to come in for a plea. In others, we may have to wait.

Each county has a different protocol for how they are handling their docket in response to this public health crisis. As your court date approaches, I will e-mail each one of you individually to let you know when the court has re-set your date. If you were asked or told to complete classes upfront, please continue to work on finishing. If those classes are temporarily canceled or rescheduled, please keep up and keep us informed of your progress. If you have a fever or are exhibiting any symptoms of the flu or COVID-19, please use common sense and contact the program in advance to reschedule. We must continue to work as a team to get you the best result possible.

If you posted a surety bond, you must continue to check-in and keep your bond company informed of the status of your case. Remember, this whole situation is in flux, and things are changing and evolving daily.

As an aside, I know it is easy to get angry and frustrated with all of the inconveniences this virus has thrust upon us. Things will likely get worse before they get better. But like all things, this too shall pass.

We all have family and friends that are in the class of citizens that are particularly vulnerable. It is easy to joke about not caring since it will not directly affect you because you are young and healthy, but what about your parent or parents, or your friend who is undergoing treatment for cancer or is HIV positive. In times of crisis, we are all responsible for caring for one another.

I see people irresponsibly posting on social media misinformation from unvetted websites giving inaccurate data related to COVID-19. Like the virus itself, this crap gets spread rapidly, particularly to the most vulnerable. This class of people, unfortunately, believes this information and relies on it.

This virus is different than anything we have seen before. I am not a scientist. I am not a doctor. I am not an infectious disease specialist. Nor will I act like I am one here. While this virus has characteristics similar to viruses we have seen before, it is unique. Stop saying it is just like the flu, or the flu has killed more people. While technically correct at this point, this virus is only in its infancy. The ease and rapidity with which this virus spreads makes it different. I am not saying this to scare anyone. I am merely asking people to cease with the reckless dissemination of falsehoods.

I see a lot of people politicizing this health crisis for a variety of reasons, and I understand it. I have made jokes, and I am sure I will continue to do so with my tongue firmly implanted in cheek. While there have been failures of leadership at all levels, and this situation certainly could have been handled better, no person is infallible. While one can argue some people are more fallible than others, it is now a time for unity, not division. As has always been the case with our great nation, united we stand, divided we fall.

Focus on those you can help. Praise those that do. Focus on what you can change. Be part of that change. And most importantly, let's focus on getting through this together.

#coronavirus #covid-19 #austin #travis county #dwi #criminal defense #criminal defense lawyer

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trumplerlaw-blog · 6 years ago

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The Myth of the “Good Guy with a Gun”

While I rarely like to discuss politics because, in this day and age, it is seldom fruitful, per the usual, rather than working, I got caught up in the comment section of various Facebook advertisements and stories.

There is this perverse fantasy held by an alarming number of Americans that in the event "the shit goes down," they are going to be "the good guy" with a gun. The reality is when "the shit goes down," unless you are highly trained and organized, it just devolves into good old-fashioned "grab assery." In the meantime, there is someone armed with a highly efficient killing machine unloading rounds with disturbing frequency. In the event, you are calm enough to gather yourself, get to your weapon, and safely get a shot off in the vicinity of the individual expelling suppressive fire, mazel tov. May the odds be ever in your favor. The odds, however, that in that stress, under those conditions, the best of shots - fires clean are slim.

Ask anyone who has been in a combat environment. If you take into consideration the genuine possibility of collateral damage caused by the "good guy with a gun" popping off rounds "at range" under suppressive fire, most responsible gun owners will not take the shot. Even if they can get to their weapon, if you are a man or woman of sensible judgment, morals, and conviction, you know, with those risks, you don't take the shot. This is the reason why you see that it tends to be those folks with a badge that effectively respond to an active shooter situation.

No one is trying to take away your right to arm bears. Beto O'Rourke, like-minded politicians, countless law enforcement officials, and many conservative policymakers, before conservative politics was bought and sold by the NRA, and even some today, have endorsed sensible restrictions on the type of killing machines sold.

Make no bones about it, a firearm is a killing machine, and a semiautomatic firearm is a highly efficient and effective killing machine. Currently, the law in most states allows us to deliver these highly effective killing machines en masse to the general public with minimal restrictions on the types of individuals who are permitted to buy them. [A rogue amateur armed with a Bushmaster killed twenty-six people, including twenty children, and injured two others in five minutes before ending his own life.]

The idea of reducing the flow of weapons that can cause mass carnage and casualties in an extraordinarily short period of time is not a new one. It is just one that gets ignored because of continued subversive politics of fear, confusion, and anger promulgated mostly by the NRA. The idea that we should carefully monitor the sales of firearms to individuals with a specified criminal or psychiatric history is also not new.

Yet another shooting happens, and we get the same responses from a specific subset of the population, almost as if they were pre-programmed. Politicians are protected by armed guards, police carry guns, and the military has weapons. And the oft-repeated, I have a right to defend myself and my family. You neglect to mention that the folks that protect politicians, the military, and the police should be and most likely are highly trained to pull that detail. No one disagrees that you should be able to protect your family, but do you need an assault rifle to do it?

The next line used by that subset of the pre-programmed is "people kill people, not guns." True. Guns just do it very fucking efficiently. My challenge to folks is proposing a solution for this convoluted and complex problem in more than broad terms. How do you restrict those that are the most susceptible and vulnerable from owning these highly efficient killing machines? The answer, if you carefully analyze it, is far more complicated than "don't take my gun." Again, I will repeat for those of you in the back, nobody has said that.

I assume, whether it was pandering or not, O'Rourke's "Reagan Advertisement" had this point. At one time, this country had great men of conviction, which in my opinion, whether you agree with him politically or not, Ronald Reagan was, with grave concerns about the type of weaponry that was and is readily available to the consumer. O'Rourke wanted to make it clear that he and like-minded politicians are not just crazy progressives shouting at the rain.

There has to be a sensible solution to the unfettered access by individuals to highly efficient killing machines. It is one prong to addressing an extremely troubling pattern that is facing our magnificent and diverse nation.

There was a time in the not so distant past, where people proclaimed with unmitigated enthusiasm that "America is Great." Americans did not think it needed to be made so again. The reason "America was Great," and "America is Still Great" is that folks can have discussions about opposing views, compromise, and work on solutions to whatever the problems are that may be facing our incredible nation. This ability to kick around ideas, accommodate, and ultimately come up with a solution remains despite what those who are spreading politics of fear may be telling you.

Of late, quite tragically, it seems that these discussions have devolved into firmly entrenched positions, name-calling, and then allegations of who called names first.

Somewhere along the line, the idea of being unyielding and uncompromising became the norm in politics, political discussion, and in life. The idea that it is "my way or the highway" has settled in on a country whose very fabric was woven by the compromise of folks with wildly opposing political views.

#good guy with a gun #betoorourke #beto o’rourke #nra #guncontrol #gun control #guncontroladvocate

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trumplerlaw-blog · 7 years ago

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While Veteran's Day only comes around once a year, as Americans, we have the duty and obligation to honor those that have served this great nation. As lieutenant commander and congressman-elect Dan Crenshaw pointed out last night on Saturday Night Live, Veterans should be honored daily for their service. By all means thank the veteran for their service. But I tend to agree with congressman-elect Dan Crenshaw's idea of encouraging people "to say something else. Tell a veteran 'Never forget.' When you say 'never forget' to a veteran, you are implying that as an American you are in it with them, not separated by some imaginary barrier between civilians and veterans but connected together as grateful fellow Americans who will never forget the sacrifices made by veterans past and present and never forget those we lost on 9/11...” It is crucial that we provide these brave men and women with jobs, opportunity, adequate health care, and resources to assist them as they transition into civilian life. This is the only way we can truly show them that we will never forget.

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trumplerlaw-blog · 7 years ago

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#veteransday

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trumplerlaw-blog · 7 years ago

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It seems like every year on this day my heart breaks a little less when I first wake up. I feel more removed and less grief than I did the day I watched the towers fall. Then throughout the day, I remember those that I knew that were lost on that tragic day and those whose lives were irreparably damaged or destroyed by the unspeakable horrors that occurred. It is then that I feel my heart break a little bit more and my thoughts go out to all of those that lost someone they loved. I also feel a sense of warmth and pride regarding those who responded to the scene while at the same time anguishing because I know most of those who responded are permanently scared mentally and physically.

I then begin to feel hope once again because despite the utter catastrophe that was September 11, 2001, it was also the single most unifying moment in the history of the United States. It was the one time in recent history, where Americans, irrespective of party differences, socio-economic, and racial divides, stood side by side, arm in arm, and hand in hand as Americans. It was the one time in recent history where we as a country realized that, that which unites us far exceeds that which divides us. For on that day and the days that followed we stood tall, united, as Americans. My hope is that it does not take another horrific tragedy for we the people to get there again.

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trumplerlaw-blog · 7 years ago

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I find discussions about politics repugnant, but I find it interesting that since the last school shooting folks are getting very creative. Thus far, suggestions have included #ritalincontrol, #doorcontrol - there are just too many fucking doors - unless - I mean - Allah forbid - you are running from a shooter or a fire - or on fire - #trenchcoatcontrol - because trench coats are well known for their ability to kill people (along with clove cigarettes and Nine Inch Nail albums), #violentvideogames (Judas Priest albums are next. Fucking Judas Priest always #BreakingtheLaw), #bullying, #thosecrazyfuckingkids, #badparenting, #lackofprayer, #badhaircuts, #vitaminDdeficiencies, and #thementalhealthcrisisinamerica.

In recent days, I have seen and heard politicians talk about putting together task forces to problem solve. (Task forces to solve problems are always super fresh.) There is talk of 9/11 measures at schools, clear backpacks, increased armed security at schools, and dramatically reducing our civil liberties and our children's civil liberties along with every citizen's 1st Amendment rights, 4th Amendment rights, 5th Amendment rights, 6th Amendment rights, 8th Amendment rights, 9th Amendment rights, and 10th Amendment rights. Hell, I have even heard some analysts unwittingly get into violating the not oft remembered 3rd Amendment, all to make sure we do not discuss or infringe upon thy Amendment that Shall not be named.

This is not me being an alarmist, this is the backlash to folks being afraid that the government is coming for their guns. The opposition's not so well thought out irrational response is take away the rest of the Bill of Rights. I do not proclaim to be a Constitutional scholar, mathematician, or even a remotely rational human being. That being said, it seems that folks are willing to consider giving up an awful lot for very little.

The truth is there are no simple solutions to these difficult questions. If you are trying to figure out solutions though, and you simply ignore one of the most prominent problems in the equation and say that it is a non-starter and any discussion related to that topic is off the table, you are not going to get anywhere. The idea that there is no middle ground or any room to talk is and always has been absurd.

The Constitution is and has always been a malleable document. It has been free to change as society has changed and as times have changed.

In recent days, I have seen and heard politicians talk about putting together task forces to problem solve. (Task forces to solve problems are always super fresh.) There is talk of 9/11 measures at schools, clear backpacks, increased armed security at schools, and dramatically reducing our civil liberties and our children’s civil liberties along with every citizen’s 1st Amendment rights, 4th Amendment rights, 5th Amendment rights, 6th Amendment rights, 8th Amendment rights, 9th Amendment rights, and 10th Amendment rights. Hell, I have even heard some analysts unwittingly get into violating the not oft remembered 3rd Amendment, all to make sure we do not discuss or infringe upon thy Amendment that Shall not be named.

This is not me being an alarmist, this is the backlash to folks being afraid that the government is coming for their guns. The opposition’s not so well thought out irrational response is take away the rest of the Bill of Rights. I do not proclaim to be a Constitutional scholar, mathematician, or even a remotely rational human being. That being said, it seems that folks are willing to consider giving up an awful lot for very little.

The Constitution is and has always been a malleable document. It has been free to change as society has changed and as times have changed.

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trumplerlaw-blog · 7 years ago

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The Constitution is and has always been a malleable document. It has been free to change as society has changed and as times have changed.

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trumplerlaw-blog · 7 years ago

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I will never be able to repay Dr. Bergerson for all he did in shaping me into the man I have become other than to simply say thank you to this remarkable man. On this day, I am reminded of the words of another great soldier on the day of his formal retirement,

“but I still remember the refrain of one of the most popular barrack ballads of that day which proclaimed most proudly that ‘old soldiers never die; they just fade away.’

And like the old soldier of that ballad, I now close my military career and just fade away, an old soldier who tried to do his duty as God gave him the light to see that duty.”

Again, thank you Dr. Bergerson on behalf of myself, the countless students like me, and the Poet Nation (tongue firmly planted in cheek).

It is heartbreaking to me that my fellow research assistant, comrade in arms, and library climber, Jeffrey Lindstrom, will not be able to join us. Today, like every day, we will be remembering you as well.

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trumplerlaw-blog · 7 years ago

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Off to Southern California for a dinner to honor one of the most important men in my life, Dr. Fred Bergerson, at my alma mater, Whittier College. After serving his country at home, and abroad, in Vietnam, with the 1st Cav, Dr. Bergerson came home and shaped countless minds. For over 40 years, which sounds unreasonably long, Dr. Bergerson served the Whittier College community. He truly is a gentleman and a scholar. His contributions are too numerous to mention. Most importantly, he was the ideal-typical soldier, father, husband, scholar, professor, mentor, and friend. I will never be able to repay Dr. Bergerson for all he did in shaping me into the man I have become other than to simply say thank you to this remarkable man. On this day, I am reminded of the words of another great soldier on the day of his formal retirement, "but I still remember the refrain of one of the most popular barrack ballads of that day which proclaimed most proudly that 'old soldiers never die; they just fade away.' And like the old soldier of that ballad, I now close my military career and just fade away, an old soldier who tried to do his duty as God gave him the light to see that duty." Again, thank you Dr. Bergerson on behalf of myself, the countless students like me, and the Poet Nation (tongue firmly planted in cheek). It is heartbreaking to me that my fellow research assistant, comrade in arms, and library climber, Jeffrey Lindstrom, will not be able to join us. Today, like every day, we will be remembering you as well.

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trumplerlaw-blog · 7 years ago

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People often ask me what separates your firm, or you as a lawyer, from this other lawyer or law firm up the street. While you are trying to "sell" yourself and your services in a client meeting or over the phone during a telephone consultation that is a difficult question to answer sometimes. Both my amazing officer manager, Jessica, and my children mock me for the way, out of habit, I quickly rattle off my impressive number of years practicing criminal law, my former prosecutor experience, and the over 100 jury trials along with the difficult verdicts and the recent results in the relevant county rather answering a pretty straight forward question.

The truth is none of that separates me from the many great lawyers in Central Texas. The great ones are going to have the background, they are going to have the trials, and they are going to get the results. This is a results driven profession.

What Jessica, who has been with me for almost a year, has really tried to get me to focus more on, is creating a more comfortable experience for the client. Everyday Jessica and I are improving the technology at our firm to make both our lives easier and your lives, as clients, easier.

Secondly, and I think what truly separates me - and the people that work with me at my firm - from other firms - is that we care about our clients from top to bottom. It can be difficult and uncomfortable explaining difficult situations to clients sometimes when all they want to hear is "not guilty" or "case dismissed" because often times in our world the client hires you to make the problem go away, not actually confront or deal with it.

I was reminded of this yesterday when something I wrote back in 2014 popped up on my Timeline. A client had been sober for 10 years and it was the anniversary of her sobriety. I handled her case, and I achieved a good result. I also suggested that she might need some help and pointed her in the right direction. She sent me a note and this was the response I posted.

"Many people that walk into my office are worth saving and when I say saving, I don't necessarily mean getting all of the charges dismissed, but I do fight to get the charges dismissed because that is my duty, that is what I swore to do. I swore to represent my client, within the confines of legal ethics, to the best of my ability.

That being said, my proudest moments as a defense attorney are not necessarily the cases I have won because innocent is such a strong word and not always the case with respect to the case we just won. The cases that make me the proudest are the one's where I make a difference. I help an alcoholic or drug addict find sobriety, I help guide a person through difficult circumstances in their lives outside of court because there is no one there to guide them, cases where I help people keep their jobs, and even the cases where I have helped guide a very sick person to come to grips with what he or she has done.

The long letters, occasional newspaper write up, and website reviews, while all appreciated and important to my continued success usually take a back seat in my mind to a simple, softly spoken, thank you. That is what I tell my kids that daddy does and that is how when I am not suffering from insomnia I sleep just fine. Good people make mistakes that have criminal consequences all of the time. And with the truly reprehensible, all you usually can do is damage control and sometimes just try to keep them alive. All I can do is try to help these good people through the very difficult criminal justice process and hopefully we are both better for it. Remember the man that gave many of us the day off today, and the values he held dear, and I guarantee everyone of you will be a better person."

I want to be your lawyer. I want to help guide you through one of the more difficult situations of your life.

One of my favorite quotes comes from the television show The West Wing. It is based in principles taught at Alcoholics Anonymous.

"This guy's walking down a street, when he falls in a hole. The walls are so steep, he can't get out. A doctor passes by, and the guy shouts up "Hey you! Can you help me out?" The doctor writes him a prescription, throws it down the hole and moves on. Then a priest comes along and the guy shouts up "Father, I'm down in this hole, can you help me out?" The priest writes out a prayer, throws it down in the hole and moves on. Then a friend walks by. "Hey Joe, it's me, can you help me out?" And the friend jumps in the hole! Our guy says "Are you stupid? Now we're both down here!" and the friend says, "Yeah, but I've been down here before, and I know the way out."

I pride my firm as having the type of people who jump in the hole and help you find your way out. Call the office anytime at 512-457-5200 or reach me personally on my cell at 714-403-9120.

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